Classic cars are purchases of passion: Bonhams
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Karl Magnusson, known locally as “Mr Jaguar” due to his love for the iconic British brand, has now lost his replica model – which took nine years to build – as a result of the case. The lifelong Jaguar fan also claims he has also been forced to sell his collection of restored Jaguar’s to pay for legal costs of up to £450,000.
Jaguar Land Rover won the landmark copyright infringement last month after the Intellectual Property Division ruled in the company’s favour.
The couple’s daughter, Elizabeth Magnusson said: “Dad started the project in 2009, taking years and years to do the research in preparation for building.
“Around the same time as he met with the managers at JLR Classic, he started thinking about building another two cars and selling them through the dormant company that my mum had used prior as a consultant.
“He discussed that with the managers at JLR classic and then continued building his first car which was always going to be for private use.
“This is what’s confusing about the whole thing, they come down on mum and dad. They are saying the only car built was for commercial use which it wasn’t.
“Of course with the first warning letter all the commercial plans for the other two models were scrapped immediately.
“No person in their right mind would think two retired people in Sweden would willingly pick a fight in court.”
Despite the ruling, the Jaguar Classic Challenge is still encouraging Continuation models and replicas to attend its event.
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The Magnussons have decided to appeal the decision with a result likely to be announced at the end of the year.
The issue arose when Mr Magnusson presented his C-Type replica to managers at Jaguar Land Rover Classic in 2016.
The Swedish pensioner has been a dedicated supporter of the brand and often rented out his cars to local families to use for their weddings.
He added: “I didn’t believe it to start with because we had such good relations with the Jaguar high managers at the Jaguar Classic.
“I was very confused about what it was actually, whether it was some freelance lawyers. We didn’t understand it.
“Then we realised it was the real thing and I also thought they can never touch me because I had such good relations with this manager who had approved what I showed them and encouraged me.”
However, Mr Magnusson has warned the ruling could have wide-ranging consequences for the classic car market.
He added: “It will have an effect on the whole classic car market, It’s opened the door for a monopoly for the rest of the brands.”
He added: “This must be the first car in history to be copyrighted.”
Elizabeth added: “It’s a law that is supposed to protect art, so taking that to a car is quite a stretch really. For a car, you don’t really have that much artistic freedom when you design a car, especially a racing car.”
Just weeks ago, Jaguar Classics confirmed it would be producing eight more C-Type models to celebrate the car’s 60th anniversary.
The new cars will allow fans to purchase a historic 1953 model from the firm for the first time. Some models are still available with the models valued at around $1.3million.
Speaking on the ruling, Land Rover said: “We at Jaguar Land Rover take very seriously the protection of our Intellectual Property (IP) and reserve the right to protect our IP from businesses that infringe it.
“The Swedish court’s decision in our favour confirms that we were correct to take this case. According to the Swedish court, the external shape of the Jaguar C-type does have copyright protection, and this was infringed by a car being built by the defendants’ company, the first of six that they planned to build and sell.
“Jaguar Land Rover are not going after private owners of pre-existing individual replica vehicles, nor insisting upon the destruction of their vehicles. However, we will take action to prevent businesses using our IP illegally for their own profit.
“The ruling established that, in terms of copyright, the creative choice and originality when designing a vehicle can be comparable to that for other works such as statues, paintings or music.
“Jaguar Land Rover is committed to the preservation and heritage of our brands and classic iconic designs, establishing Jaguar Land Rover Classic in 2017. Dedicated to the production and maintenance of historic models as well as the manufacture of new parts, Jaguar Land Rover Classic ensure that enthusiasts can enjoy our vehicles long into the future.”
Express.co.uk has contacted Jaguar for further comment.
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